Industries

About Us

For 90 years, McGinnis Lochridge has served to protect the interests of our clients in continuously changing landscapes including cutting-edge technology, oil and gas litigation, regulatory matters and more. The quality of our work is reflected in our clients’ long-lasting loyalty and in our top-tier external rankings.

Health Law

Health Law

The delivery of healthcare is constantly evolving and changing, and the attorneys in our Health Law Practice Group help clients stay in step with the legal challenges accompanying those changes.

McGinnis Lochridge assists healthcare clients with regulatory, dispute resolution, transactional and legislative matters. Our clients include companies, associations and individuals. Our attorneys serve as regulatory counsel before state and federal agencies on rulemaking, licensure and compliance. Where dispute resolution is needed, we provide representation in state and federal courts, as well as alternative dispute resolution forums such as mediation and arbitration. We also assist in the negotiation and documentation of transactions, along with drafting and opposing legislation.

Drawing upon years of experience in the industry, our Health Law Practice Group advises and counsels clients on a broad range of difficult business decisions and strategies, including business combinations and antitrust, day-to-day operational and employment decisions, and malpractice and tort claims. The lawyers of our Health Law Practice Group share a deep understanding with our clients, having worked directly in the healthcare field and walked in the same shoes.

We represent clients in all parts of the healthcare industry, including hospitals, nursing homes, insurance companies and health maintenance organizations (HMOs). We also represent physicians, dentists and other medical providers as individuals and in groups. We have worked with companies that develop, manufacture, market or distribute healthcare-related products, along with manufacturers and distributors of pharmaceuticals, medical devices, equipment and supplies. We have also represented practice management companies, billing providers, information data vendors, professional and trade associations, finance companies, and computer support services in the healthcare industry.

Complex Healthcare Business Transactions

Our experience in this area includes:

Representing clients in mergers and acquisitions, asset purchases, the development of integrated delivery systems and provider networks, the development of an ambulatory surgery center, and unwinding of relationships.

Advising institutional clients about how transactional matters may be affected by various state and federal laws, such as covenants not to compete, the corporate practice of medicine, Starks I and II, Medicare fraud and abuse provisions, Medicare and Medicaid reimbursement provisions, and the Emergency Medical Treatment and Active Labor Act (EMTALA).

Evaluating hospitals’ relationships with physicians and recommending changes, if any.

Advising a large national health maintenance organization and several physician practice management organizations on day-to-day issues.

Regulatory

Our experience in this area includes:

Advising clients about the effects of state and federal regulation on business operations.

Assisting with the development of procedures to implement a variety of statutory and regulatory requirements, including Employee Retirement Income Security Act (ERISA) claims and appeals rules, and Health Insurance Portability and Privacy Act (HIPAA) requirements. Experience includes developing procedures to implement insurance laws governing provider credentialing, utilization review, quality assurance, and appeal and complaints.

Representing managed care companies in negotiating and implementing managed care contracts with the Texas Health and Human Services Commission to participate in the Texas STAR and STAR+PLUS Medicaid programs.

Counseling healthcare companies regulated by the Texas Department of Insurance (TDI). This work includes the development and implementation of procedures for TDI regulatory compliance, monitoring insurance legislation and advising about its effects and interpretation, and assisting clients in preparing testimony for public hearings before legislative committees and TDI rulemaking.

Representing institutional and individual clients in investigations as well as contested and uncontested matters before the TDI, Office of the Attorney General, Texas Medical Board, Texas State Board of Pharmacy, Texas Board of Nursing and Texas Department of State Health Services, among others.

Representing physicians in investigations by the U.S. Department of Justice and the U.S. Attorney’s Office.

Representing insurance companies and agents with TDI regulatory filings for certificates of authority, change of control, mergers and acquisitions, holding company transactions, service area contractions and expansions, health insurance and health maintenance organization certificates and policies, annuities, and healthcare provider contracts.

Advocating on behalf of clients with TDI regarding the merit and legal authority for product filings.

Dispute Resolution

Representing a managed care company in litigation against several defendants over tortious interference with business relationships and misappropriation of trade secrets.

Representing a national behavioral health company in litigation over payment under a government healthcare program.

Acting as lead counsel for a Federally Qualified Health Center (FQHC) in pursuing claims for payment against a national Medicaid managed care company.

Representing several related managed care company defendants in a multi-defendant antitrust action by a physician-owned facility alleging (among other things) that the health plans conspired with a large hospital system to exclude the physician-owned facility from provider networks.

Defending a health plan against a multi-million dollar claim for payment by a national hospital chain in which the case was removed to federal court, dismissed and ultimately settled on appeal.

Defending a national provider network against million-dollar claims by an insurance receiver, resulting in a complete dismissal.

Representing a managed care company in class action litigation by physicians against seven managed care companies, in which the case was removed to federal court, partially dismissed and partially remanded, and ultimately completely dismissed.

Enjoining 19 independent practice associations from terminating provider agreements with a managed care company and defending the managed care plan in arbitration brought by the independent practice associations related to the failing of their management services organization.